The PPK Muslims (Proud, Practicing, Knowledgable)

The Consequences of Adultery/Formication in Islamic Shari'ah; Are they really Cruel?

The Consequences of Adultery/Formication in Islamic Shari'ah
Are they really Cruel?

ABSTRACT

“The woman and the man guilty of adultery or fornication, flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by God, if ye believe in God and the Last Day: and let a party of the Believers witness their punishment.”

The modern in us is shocked and resentful to the point of rejection of this verdict. The ferocity of the punishment is a reflection of the grisly and revolting nature of the crime. And this appears to be the only wisdom behind this harsh punishment. The shari’ah and the attitude of the Holy Prophet on this punishment make it very clear that it is not meant to be implemented. It stands solely as a deterrent.

If the punishment sounds very harsh, the requirements of the proof are still harsher. Presence of four witnesses with intimate details is Sina qua non to uphold this crime. Is it not next to impossible to produce such an evidence?

There is a strong and popular opinion in the Islamic scholarship that this ayah only covers unmarried couples. The article quotes three reputable scholars that both "adultery" and "fornication" in the English senses of these terms are covered. It sounds impertinent to suggest that Allah Ta'aala Subhaanahoo will remain silent about the married ones after he has prescribed a harsh treatment for the unmarried. There appears to be a dangerous and dreadful trend in the thinking of an important segment of Islamic scholarship i.e. pronouncing strong judgement about an important issue when the Quran is silent on it. This practice is based on some evidence in the hadith literature or an example in the previous revelations. I feel (and I propose you also think about it) this attitude seriously dents our Eemaan in Allah Ta'aala Subhaanahoo, HIS Book and HIS Messenger. The article proceeds to discuss this issue.

Please recall that the Holy Quran constantly exhorts us all over in the Holy Quran to think and ponder in the matter of Deen. It persistently and repeatedly insists and cajoles us that we use our reason and knowledge to understand our Deem. Please be reminded that Allah Ta'aala Subhaanahoo has declared in no uncertain terms⁴

“…….but none will grasp the Message but men of understanding”

and again please call to mind that we will be absolutely alone on the Day of Judgment with the Holy Text and the Sunnah of our beloved Prophet as the only valid currency; Bukhari/Muslim will not be admissible. Uncritical conformity to the valuable hadith literature therefore appears to be an un-Islamic practice. It is tantamount to “riwayat parasty” i.e. total submission to “riwayaat”, antithetical to the practice of “inkare hadith”, rejection of Hadith.

Punishment for zina, in our Shari’ah is the last resort. Islam has many pre-emptive methods in place to anticipate and prevent the chances for this crime. As against the apparent ferocity of the punishment, Shari’ah goes out of the way to avoid the implementation of this retribution. That Shari’ah wants to sound tough but means to be kind is reflected in the many restrictions advised while performing the act of flogging. Pain and torture is not the objective; humiliation and indignity is the real motive.

Maulana Maudoodi has declared very clearly, confidently and dogmatically that Stoning to Death is the Shari’ah treatment for Zina by married couple.However there are strong differences in the Islamic scholarship from this point of view. Let us consult a few additional scholars before we make up our minds. Yes I also agree; at the next session.

November 25, 2016

Read ONLY, IF AND WHEN you have time and mood for:

“An Ayah of the Quran for 30 Days” -- November 2016

Choose the section you have time, in the next 30 days to read this ayah:-

Prelude: Recurrent Primary Message 1st. Page

Starting Dua, a note & The Ayah 2nd. Page

A Short Summary: For the Busy Bee Two + Pages

The Main Story: Recommended Five Pages

Footnotes: For the Perfectionist Two Pages

PRELUDE

From the Pen and Perspective of a self-styled PPK Muslim (Proud, Practicing, Knowledgeable) with a humble submission that Islam totally rejects Blind Following BUT vigorously focusses on the Limitations of Pure Human Reasoning..............and clearly and comprehensively AlLAH knows best.

In the beginning of the seventh century C.E., the folks of Mecca and Medina had a fascinatingly unique window: they had direct access to the Heavens through one of their own. They were blessed with a regular stream of Divine counseling and guidelines. Question and answer sessions were part of the program. Even individual questioner was graced by an answer. In the short Introduction to this scheme they were assured that at the end of this twenty-two year project, Divine Directions and Admonitions will continue through the agency of the PEN. The whole discourse has been preserved and archived till eternity under the guarantee of our Lord and Creator. This record in known as the Quran.

It should sound unbelievable but factually appears to be true: Many of our prevalent, widespread and important concepts and opinions about religious matters do not have a basis in the Quran and sometimes even appear to be in obvious conflict with the teachings of the Quran. It would be very educative and helpful to discuss an Ayah once a month to see if it supports or rejects our views and actions in our daily life. I wish and hope this email generates a fruitful interactive discussion.

DUAA’

بِسمِ اللَّهِ الرَّحمٰنِ الرَّحيمِ

In the name of Allah, we praise HIM, seek HIS help and ask for HIS forgiveness. Whosoever Allah guideth none can misguide; whosoever HE allows to fall astray, none can guide him right. We bear witness that there is none worthy of worship but Allah alone and we bear witness that Mohammed, SAW is HIS slave-servant and the Seal of HIS Messengers.

Further, we recall that Allah Ta’aala has declared in HIS Book¹

“He granteth wisdom to whom He pleaseth; and he to whom wisdom is granted receiveth indeed a benefit overflowing; but none will grasp the Message (or remember or receive admonition) but men of understanding (or intellect)”

and we also recollect that he has warned us about the day of judgement²

“Then on that day you shall most certainly be questioned about the boons (joy, pleasure).”

We realise, that there cannot be a greater boon or blessing or benefit than wisdom and we wonder if this should be a timely reminder to very many of us sincere and practicing Muslims who use our critical thinking to enhance the mundane for ourselves and our families but resort to compulsory following -- taqleed, doctrine of classical Sunni Islamic Fiqh -- in matters religion.

(NOTE: I have filtered out the proofs and details into the Footnotes for those who have the time and interest for them. The main email will then be reasonable length, hopefully for the busy majority. What follows is not a sermon; I do not feel qualified to give one, anyhow. I wish, it may provide a food for thought. A caveat seems in order: If the ayah selected pertains to issues we face in our daily life with our family, friends, neighbours or peers it may affect us personally and lead to some self analysis and soul searching which in turn could be divisive and distressing. If taken in the right spirit, it can be a humble attempt towards finding the “straight path”.)

THE AYAH

Surah Al-Isra No. 17, Ayah 31

وَلا تَقتُلوا أَولادَكُم خَشيَةَ إِملاقٍ ۖ نَحنُ نَرزُقُهُم وَإِيّاكُم ۚ إِنَّ قَتلَهُم كانَ خِطئًا كَبيرًا

“Hence, do not kill your children for fear of poverty:1 it is We who shall provide sustenance for them as well as for you. Verily, killing them is a great sin.”

A SHORT VERSION

CONTINUED FROM PREVIOUS

We had decided at the end of last session to defer the consequences of Zina since it required due deliberations. ………… ……….(See the Main Story)

Let us discuss it now. We will have to leave for the time being surah Al Isra and move to Surah Al Noor for the Quranic punishment for zina:

The Quran declares:³

The ferocity of the punishment is a reflection of the grisly and revolting nature of the crime. Islam regards “an enduring and everlasting bond of fidelity” as the basis for a healthy family, the unit of an Islamic society which in turn ensures the future of human race and civilisation. Allah Ta'aala Subhaanahoo wants to make it clear in no uncertain terms that HIS deen has zero tolerance for any extra marital sexual activity. Hence the permissive society of the “liberal” West has to be totally and summarily rejected by all of us, the Western Muslims included . And this appears to be the only wisdom behind this harsh punishment. The shari’ah and the attitude of the Holy Prophet on this punishment make it very clear that it is not meant to be implemented. It stands solely as a deterrent.

A very important issue about this treatment must be dealt with in the honest pursuit of this problem. There is a strong and popular opinion in the Islamic scholarship that this ayah only covers unmarried couples. According to them, our Holy Book is silent about the married sinners of this crime. The hadith literature, according to them tells us that the Holy Prophet used to prescribe and practice Stoning to Death for the married sinners of this crime. Please recall my reference to this controversy in our last session when I quoted Dr. Asad as saying “the term zina signifies all sexual intercourse between a man and a woman who are not husband and wife, irrespective of whether either of them is married to another partner or not; hence, it denotes both "adultery" and "fornication" in the English senses of these terms.” The editor of “In the Shade of The Quran”, the tafseer of Sayyid Qutb also endorses this opinion “The Arabic word zinā, translated here as ‘adultery’, refers to sexual intercourse outside wedlock, regardless of whether the man or the woman is married. Thus, it includes fornication.” Allaamaa Yousuf Ali has similar opinion “It therefore applies both to adultery (which implies that one or both of the parties are married to a person or persons other than the ones concerned) and to fornication, which, in its strict signification, implies that both parties are unmarried”. Thus there is no premise and basis, in the first place to exclude married persons from purview of this ayah.

It sounds impertinent to suggest that Allah Ta'aala Subhaanahoo will remain silent about the married ones after he has prescribed a harsh treatment for the unmarried. These scholars are really too confident of themselves and too reliant on the valuable Hadith literature when they are ready to prescribe very harsh and ruthless treatment which goes against the gut of every human being despite the complete silence of the Holy Text on this issue. Even a large section Muslims are reluctant to accept it unless they are sure that it is a Divine verdict. I doubt if any Muslim will be ready to throw stones at a woman standing and half buried in the ground, bleeding from the face and head, shouting and crying and continue to hurl them at each takbeer of Allah-o-Akbar by another Muslim in the crowd of Muslims gathered for this purpose till she is dead. I have not tried to dramatize it. This is the exact procedure in the Fiqh of these scholars: the perpetrator has to be half buried standing, it has to be public, carried out by the prominent Muslims, no special force for it, the stone should not be big to kill quickly and not small enough never to kill, each takbeer from the crowd should be followed by a volley of stones from the crowd.

Let us pause and think at our level, yours and mine and that of other PPK (proud, practicing, knowledgable) Muslims. We shall over look our scholars for a while. This appears to be a dangerous and dreadful trend in the thinking of an important segment of Islamic scholarship i.e. pronouncing strong judgement about an important issue when the Quran is silent on it or worst still making decisions in contradiction to a quranic injunction. This practice is based on some evidence in the hadith literature or an example in the previous revelations. I feel (and I propose you also think) this attitude seriously dents our Eemaan in Allah Ta'aala Subhaanahoo, HIS Book and HIS Messenger. Hadith is a totally human effort - albeit a phenomenal effort, but a human one — to collect, report and codify all the actions and sayings of the Messenger of Allah — both religious and mundane — two centuries after his demise. The modus operandi…………….. To summarise, at one end we have the Divine word itself with the Divine guarantee of its eternal safekeeping and preservation. On the other hand we have the hadith literature produced completely by humans, transmitted by the word of mouth — very unreliable and elementary method as we understand today, albeit a state of art procedure in those days) — collected and compiled two centuries after the demise of our Holy Prophet. Imam Bukhari had to reject nine hundred and ninety five ahaadith for every five that he has selected. This is a reflection how large and contaminated this pool of information was even in the ninth century. Hence the credibility of the Hadith literature is not strong enough to pass judgement on a grave and far-reaching issue when Allah Ta'aala Subhaanahoo has decided to remain silent on it and certainly it cannot stand against HIS clear injunctions.

“…….but none will grasp the Message but men of understanding”

Coming to the ayah itself. The first thing that deserves attention in this verse is that the criminal law is being termed as the "Way of Allah". This shows that the "Way of Allah" does not merely consist of Salat, Fasting, Hajj and payment of Zakat dues, but the law of the land is also a part of the "Way of Allah”.

What is zina? Does it include other forms of un-natural sex gratification like sodomy? ………….

Islamic law insists on four witnesses to uphold this crime; we have already discussed the intimate observation required to be a witness. ……………………………..

The crime of Zina cannot be settled against a compensation. The prescribed punishment is compulsory ……………………………………..

Maulana Maudoodi informs us that according to Imam Ahmad, Da'ud Zahiris and Ishaq bin Rahaviah they shall have double punishment;…………………………….

The punishment should be awarded publicly so that, on the one hand, the guilty one may feel disgraced and, on the other, it may serve as a deterrent for the other people. ……………………………..

Punishment for zina, in our Shari’ah is the last resort. Islam has many preemptive methods in place to anticipate and prevent the chances for this crime…………………………………

As against the apparent ferocity of the punishment, please note the ways Shari’ah wants to avoid the implementation of this retribution:……………………………………..

That Shari’ah wants to sound tough but means to be kind is reflected in the many restrictions advised while performing the act of flogging. Pain and torture is not the objective; humiliation and indignity is the real motive:……………………………..

Maulana Maudoodi has declared very clearly, confidently and dogmatically that Stoning to Death is the Shari’ah treatment for Zina by married couple.⁶ He maintains………….. However there are strong differences in the Islamic scholarship from this point of view. We have already read above the opinions of three reputable scholars that the relevant Quranic ayah covers both the married and unmarried couples. Hence there is no need for a different treatment for married couples. Let us consult a few additional scholars before we make up our minds. Yes I also agree; at the next session.

........and Allah knows best.

May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.

Dr. Khalid Mitha

THE MAIN STORY

“I am convinced about the veracity of my opinions, but I do consider it likely that they may turn out to be incorrect. Likewise, I am convinced about the incorrectness of the views different from mine, but I do concede the possibility that they may turn out to be correct.” — Imam Shafa’i

CONTINUED FROM PREVIOUS

We had decided at the end of last session to defer the consequences of Zina since it required due deliberation. As stated then, the punishment for zina is well known and much talked about because it is regarded as too harsh and in direct conflict with the modern ideas and sentiments on retribution. Enters another great and far reaching controversy: the ultimate in severe and harsh treatment, which appears to be cruel and ruthless and feels like savage and brutal to the modern mind namely Stoning to Death. The debate and strife gets intense and compulsory as there is by consensus not even a mention of Stoning to Death in entire Holy Quran.

Let us discuss it now. We will have to leave for the time being surah Al Isra and move to Surah Al Noor for the Quranic punishment for zina:

The Quran declares:³

The Divine injunction is direct and clear: flog — hundred — no compassion — prescribed by God — demanded by our Faith in God and the hereafter —should be open to public in order to be deterrent. The number of those to be present has been deliberately left unspecified, thus indicating that while the punishment must be given publicity, it need not be made a "public spectacle”. The modern in us is shocked and resentful to the point of rejection of this verdict. Let us relax and think about it. In a way it is a test of the integrity of our Eemaan, as the ayah itself points out: إِن كُنتُم تُؤمِنونَ بِاللَّهِ وَاليَومِ الآخِرِ. It is from Allah Ta'aala Subhaanahoo stated in HIS Holy Book in HIS OWN words, so it HAS to be authentic and meaningful to each and every Muslim. The challenge to all of us is to interpret and comprehend correctly the Will of Allah Ta'aala Subhaanahoo on this issue.

This crime between two individuals has first to be proved. Without a proof there is no punishment. If the punishment sounds very harsh, the requirements of the proof are still harsher. Four eye witnesses are required who have seen the actual and final stage of the act. Merely seeing a couple kissing and caressing naked on the bed is not valid for the indictment. Maudoodi, thorough as he is states in his tafseer of the Quran “Penetration of the glans of the penis is a sufficient legal ground for punishing the act of Zina. It is not essential that the penetration should be full or the sexual intercourse should be complete"

Is it not next to impossible to produce such an evidence? And this is done on purpose. As I have stated earlier, it is not the intention of the Shari’ah to implement this harsh treatment. It is meant to emphasize the degradation of the act of extra-marital relationship. This is clearly borne out by the approach of our Holy Prophet is such cases. He would try his utmost to ignore any reports of such a crime. Apart from one questionable instance, the Messenger of Allah never ordered this treatment during the twenty two years of his prophethood, not withstanding the strong opinion of Maulana Maudoodi (to follow later).

Let us pause and think at our level, yours and mine and that of other PPK (proud, practicing, knowledgable) Muslims. We shall over look our scholars for a while. This appears to be a dangerous and dreadful trend in the thinking of an important segment of Islamic scholarship i.e. pronouncing strong judgement about an important issue when the Quran is silent on it or worst still making decisions in contradiction to a quranic injunction. This practice is based on some evidence in the hadith literature or an example in the previous revelations. I feel (and I propose you also think) this attitude seriously dents our Eemaan in Allah Ta'aala Subhaanahoo, HIS Book and HIS Messenger. Hadith is a totally human effort - albeit a phenomenal effort, but a human one — to collect, report and codify all the actions and sayings of the Messenger of Allah — both religious and mundane — two centuries after his demise. The modus operandi was by word of mouth going back two hundred years; written evidence was actively discouraged at least in the initial phase. This material collected in the ninth century has been transmitted to us by word of mouth till we Muslims were mature enough to accept the printing machine in the fifteen century. After that the transmission was fairly reliable. To summarise, at one end we have the Divine word itself with the Divine guarantee of its eternal safekeeping and preservation. On the other hand we have the hadith literature produced completely by humans, transmitted by the word of mouth — very unreliable and elementary method as we understand today, albeit a state of art procedure in those days) — collected and compiled two centuries after the demise of our Holy Prophet. Imam Bukhari had to reject nine hundred and ninety five ahaadith for every five that he has selected. This is a reflection how large and contaminated this pool of information was even in the ninth century. Hence the credibility of the Hadith literature is not strong enough to pass judgement on a grave and far-reaching issue when Allah Ta'aala Subhaanahoo has decided to remain silent on it and certainly it cannot stand against HIS clear injunctions.

“…….but none will grasp the Message but men of understanding”

What is zina? Does it include other forms of un-natural sex gratification like sodomy? The fuqahaa (jurists) come out with various views. The majority, though include only the natural frontal form of intercourse in the definition of zina.

Islamic law insists on four witnesses to uphold this crime; we have already discussed the intimate observation required to be a witness. The statute does not approve or rely on a medical examination to prove this crime. It has to be implemented by a court or other competent authority; individuals do not have any jurisdiction in this matter. Any basic and significant differences among the four witnesses will nullify their testimony.

The crime of Zina cannot be settled against a compensation. The prescribed punishment is compulsory based on a strong hadith: “A boy who was working as a laborer in a certain house committed Zina with the wife of his employer. The father of the boy gave 100 goats and one slave-girl to the man and made a compromise with him. But when the case came before the Holy Prophet, he said: "The goats and the slave-girl are yours and they are returned to you." Then he awarded the prescribed punishment to both the guilty ones committing the crime.

Maulana Maudoodi informs us that according to Imam Ahmad, Da'ud Zahiris and Ishaq bin Rahaviah they shall have double punishment; flogged with 100 stripes and then stoned to death. With all due respect to the Imams, I am amazed at this thinking; probably based on some legal oddity. Thankfully most jurists are content with one i.e. stoning.

The punishment should be awarded publicly so that, on the one hand, the guilty one may feel disgraced and, on the other, it may serve as a deterrent for the other people. This throws light, according to Maulana Maudoodi on the concept of punishment in Islam. According to him, Islamic Law punishment is awarded to meet three purposes:

To inflict pain on the criminal for the excesses he committed against the other person or society.

To stop him from repeating the crime.

To serve as a deterrent for others, so that the people having evil inclinations in society may be deterred and dare not commit such crimes again.

Another advantage of awarding the punishment publicly is that the officials concerned should not be able to reduce or enhance the punishment at will while executing it.

Punishment for zina, in our Shari’ah is the last resort. Islam has many preemptive methods in place to anticipate and prevent the chances for this crime.

(1) Very clear and valuable guidance is provided for inter-gender social interactions.

Both man and woman are advised not to look at each other with eyes of sexual admiration and analysis. Looking at each other otherwise is certainly not forbidden.

Each gender is instructed to cover their private parts, both literally and practically.

Women are reminded that their chest, being a private part also needs proper covering,

If women are ‘fully loaded” with ornaments and adornments, then they should restrict themselves to the Mehram.

One to one meeting between man and woman specially behind closed doors is strictly prohibited.

All inter-gender activities at all levels have to be public, purposeful and for the duration of the purpose.

Any physical contact between man and woman are prohibited.

(2) A large section of Muslims follow the Madarasah (the traditional Islamic school) curriculum and it’s approach of Taqleed. Maulana Maudoodi has described it in his Tefheemul Quran⁵

They stipulate additional and stricter steps to achieve this goal:

Women to stay indoors as full time housewives

Total segregation of sexes at all levels

If a woman has to leave her house only for strong reasons, she must be covered from head to foot. The Hanafis consider the veil as optional; rest of the schools regard it as compulsory.

The modern trend of women in full burqua appearing at mixed conventions, music concerts and TV screen appears a caricature of this rule

Similarly the so-called “hijab” entailing only a scarf on the head does not meet the standards required. It is a product of late twentieth century driven more by cultural and political needs than the needs of Shariah.

(3) Marriage is greatly stressed and encouraged and made easy.

(4) Prostitutions is banned

As against the apparent ferocity of the punishment, please note the ways Shari’ah wants to avoid the implementation of this retribution:

If a person confesses his guilt himself, he is warned and asked to repent; no punishment as

per the following hadith reported by Abdullah bin Mas’ud: “A man came to the Holy Prophet and said, "I did everything with a woman except the sexual intercourse, outside the city. Now you may give me any punishment you may deem fit." Hadrat Umar said, "When Allah had concealed it, you also should have kept it concealed." The Holy Prophet, however, remained silent and the man went away. Then the Holy Prophet called him back and recited the following verse to him: "Establish salat the two ends of the day and in early part of the night; indeed virtues remove evils." (Surah 11/114) At this a man asked, "Does the Commandment apply to him alone?" The Holy Prophet replied: " No, it is for all." (Muslim, Tirmizi, Abu Da'ud, Nasa`i)

What do you make of the following hadith?: “A man came to the Holy Prophet and said, "O Messenger of Allah, I deserve the prescribed punishment, so enforce the punishment on me." The Holy Prophet did not ask him what punishment he deserved. After the man had offered his prayers, he again came and said, "I am guilty: please punish me." The Holy Prophet asked: "Have you not offered your prayer with us?" When he replied in the affirmative, the Holy Prophet said: "Well Allah has pardoned your sin." (Bukhari, Muslim, Ahmad). It proves that Shari’ah does not want us to investigate the nature of the crime if the person admits the guilt but does not specify the nature of the crime.

It is required to establish that the crime was done of his free will.

The injunction to "flog them with stripes” is addressed to the governing authority of the land. The people cannot claim this right. There is consensus of the juries on this.

A person is not obliged to confess his crime of zina. Nor are those who know about it are required to inform the authorities. The whole stress is to leave the matter to God Almighty to deal on the Day of Judgement. There is a basis in a hadith for this view: "If any of you is guilty of any immorality, he should better remain hidden under the curtain of Allah, but if he discloses it to us, we shall certainly enforce the Law of Allah on him."

That Shari’ah wants to sound tough but means to be kind is reflected in the restrictions advised while performing the act of flogging. Pain and torture is not the objective; humiliation and indignity is the real motive:

The Arabic word “fajlidu” used for flogging is is derived from “jild” which as all of us know means skin. Hence “flogging should be carried out in such a way that its effect should be confined to the skin only and should not reach the flesh under it. The flogging that causes deep wounds into the flesh or tears it up into pieces is against the Qur’an."

The whip or the cane used for the purpose of flogging should be medium in all respects: it should neither be thick and hard nor thin and soft. A whip with knots or one having two or three prongs is also prohibited.

Flogging should also be of average intensity. Hadrat Umar used to instruct the flogger, "Strike in such a way that your armpit should not become visible during flogging," i.e., Do not stretch your arm fully to strike with full force.

The stripe should not be such as may cause a wound.

The flogging should not be confined to one and the same place but should be spread over the whole body.

The face and the private parts, and, according to the Hanafis, the head also should be spared but all other parts should get some flogging. Hadrat Ali once said to the flogger, "Let every part of the body get its due share except the face and the private parts.

"While flogging, a man should be made to stand and a woman to sit.

At the time of flogging, the woman should be in her full dress: but in regard to a man, there is some difference of opinion. According to some jurists, he will be allowed to remain in his pyjamas only, while some others maintain that the shirt will not be taken off.

Flogging is prohibited in severe cold and in severe heat. In winter it should be done when it is hot and in summer when it is cool.

It is also not permissible to tie down a person at the time of flogging unless he tries to run away.

Jurists have permitted that at least twenty stripes may be given daily but it is better to inflict full punishment at one and the same time.

Flogging should not be entrusted to uncouth, uncultured executioners, but it should be done by men of deep insight who understand how the flogging should be carried out in order to meet the requirements of the Shari`ah. Ibn Qayyim has cited in zad al-Ma’ad that the Holy Prophet employed the services of such pious and respectable people as Ali, Zubair, Miqdad bin Amr, Muhammad bin Maslamah, Asim bin Thabit and Dahak bin Sufyan for this purpose. (Vol. I, pp. 44, 45)

If the guilty person is suffering from some disease and there is no hope of his recovery or is too old, it is enough to strike him once with a branch of 100 twigs, or with a broom of 100 twigs in order to meet the requirements of the law.

In the case of a pregnant woman, the flogging will be postponed till the delivery and the complete discharge of blood after childbirth.

Maulana Maudoodi has declared very clearly, confidently and dogmatically that Stoning to Death is the Shari’ah treatment for Zina by married couple.⁶ He maintains it was advocated and enforced by the Holy Prophet, the right guided Caliphs, the sahaabaa, tabe’een, the later jurist of all ages and all countries and that this has never been denied in the entire history of Muslims except by the Kharijites and some Mu’tazilites. Does not leave any room for doubt, does it? However there are strong differences in the Islamic scholarship from this point of view. We have already read above the opinions of three reputable scholars that the relevant Quranic ayah covers both the married and unmarried couples. Hence there is no need for a different treatment for married couples. Let us consult a few additional scholars before we make up our minds. Yes I also agree; at the next session.

........and Allah knows best.

May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.

Dr. Khalid Mitha

FOOTNOTES

(1) Surah 2/269

يُؤتِي الحِكمَةَ مَن يَشاءُ ۚ وَمَن يُؤتَ الحِكمَةَ فَقَد أوتِيَ خَيرًا كَثيرًا ۗ وَما يَذَّكَّرُ إِلّا أُولُو الأَلبابِ

(2) Surah 102/8

ثُمَّ لَتُسأَلُنَّ يَومَئِذٍ عَنِ النَّعيمِ

(3) Surah 24/2

لزّانِيَةُ وَالزّاني فَاجلِدوا كُلَّ واحِدٍ مِنهُما مِائَةَ جَلدَةٍ ۖ وَلا تَأخُذكُم بِهِما رَأفَةٌ في دينِ اللَّهِ إِن كُنتُم تُؤمِنونَ بِاللَّهِ وَاليَومِ الآخِرِ ۖ وَليَشهَد عَذابَهُما طائِفَةٌ مِنَ المُؤمِنينَ

(4) Surah 2/269

“He granteth wisdom to whom He pleaseth; and he to whom wisdom is granted receiveth indeed a benefit overflowing; but none will grasp the Message but men of understanding.”

(5) Then Islam puts an end to all those factors which allure a man to zina or provide occasions for it. A year before the punishment for zina was prescribed, women were commanded (in Surah Al-Ahzab) to cover themselves with sheets and lower their head-covers over their faces when going out of their houses. The wives of the Holy Prophet (Allah's peace be upon him), who were a model for every Muslim family, were ordered to restrict themselves to their houses with decorum and dignity and not to display their charms and adornments. Moreover, they were required to communicate with men from behind the curtain if there be any need for that. This was a model which was followed by all the believing women who considered the Prophet's wives and daughters patterns of virtue and not the immodest women of the age of 'ignorance'. Similarly, the free mixing of the men and women was discouraged before it was declared as a criminal offence and women were prohibited from going out openly in make-up. After adopting such measures zina was declared to be a punishable offence and spreading of indecency in any way was also prohibited. Prostitution was legally banned and severe punishment was prescribed for charging men and women with adultery and propagating it without proof. Men were enjoined to restrain their gaze so that unrestricted feasting of eyes should not lead to lust for beauty and further on to illicit love. At the same time women were also enjoined to differentiate between mahram and non-mahram relatives.' This enables one to understand the entire scheme of reform, a constituent part of which is the prescribed punishment for zina. This extreme punishment is for those incorrigible persons who persist in resorting to the illegal course for the gratification of their sex desires in spite of all the treasures adopted to reform the individual and society. They certainly deserve to be flogged. Punishment of a wicked person serves as a, psychological deterrent for those who have similar tendencies.

(6) As regards the punishment for adultery after marriage, the Qur'an does not mention it, but it has been prescribed in the Traditions. We learn from many authentic Traditions that not only did the Holy Prophet prescribe the punishment of stoning to death for it verbally but also enforced it practically in several cases. Then after him his successors not only enforced this punishment during their caliphates but also declared repeatedly that this was the legal punishment. The Companions and their followers were unanimous on this point and there is not a single saying of anyone to suggest that anybody doubted the authenticity of this law during that period. After them the jurists of all ages and countries have been unanimous that this is the legal punishment prescribed by the Sunnah, for there have been so many strong and continuous proofs of its authenticity that no scholar can refute them. In the entire history of the Muslims nobody ever denied this except the Kharijites and some Mu'tazilites and even they did not deny it on the ground that there was some weakness in the proof of its having been enjoined by the Holy Prophet, but because they considered it to be "against the Qur’an”.

Trump’s Victory Was Built on Unique Coalition of White Voters

Trump’s Victory Was Built on a Unique Coalition of White Voters

9/11 has lost most of it’s heat and swelter as time is the best healer. It has now transformed into 11/8 to give us something to bake and broil in. We have the unusual honor of having “a president-elect who a great many Americans regard as the spawn of Satan. A dimwitted, mean spirited spawn embodying the nation’s worst flaws, failings and nightmares”. He has also been termed as a lunatic liar. Why should this happen to us? A pattern seen in the Third World descends on the forerunner of the First World. We will keep debating this issue over and over for a long time. The print media is full of all sorts of opinions and suggestions. I found one of them very informative and interesting Donald Trump’s Victory Was Built on Unique Coalition of White Voters by Nicholas Confessore and Nate Cohn in the Nov. 9, 2016 issue of The New York Times. It is a long article. I have shared with you here a very relevant part:

“Donald J. Trump’s America flowered through the old union strongholds of the Midwest, along rivers and rail lines that once moved coal from southern Ohio and the hollows of West Virginia to the smelters of Pennsylvania.

It flowed south along the Mississippi River, through the rural Iowa counties that gave Barack Obama more votes than any Democrat in decades, and to the Northeast, through a corner of Connecticut and deep into Maine.

And it extended through the suburbs of Cleveland and Minneapolis, of Manchester, N.H., and the sprawl north of Tampa, Fla., where middle-class white voters chose Mr. Trump over Hillary Clinton.

One of the biggest upsets in American political history was built on a coalition of white voters unlike that of any other previous Republican candidate, according to election results and interviews with voters and demographic experts.

Mr. Trump’s coalition comprised not just staunchly conservative Republicans in the South and West. They were joined by millions of voters in the one time heartlands of 20th-century liberal populism — the Upper and Lower Midwest — where white Americans without a college degree voted decisively to reject the more diverse, educated and cosmopolitan Democratic Party of the 21st century, making Republicans the country’s dominant political party at every level of government.”

Notes on: “Religious Discussions”, “Exposing the knuckles as a religious requirement” and “Islam v/s Eemaan”

Notes on:

“Religious Discussions”, “Exposing the knuckles as a religious requirement”

and

“Islam v/s Eemaan”

The following is a copy of an email exchange with one of my colleagues at Aga Khan University Hospital. As the issues discussed are still very much real and relevant, I am sharing it with you:

AoA. I am addressing this email to you but it is meant to be part of our inter staff/faculty discussion on some of our religious views and practices.

(During the discussion I was asked (probably as a sarcasm) to study my religion properly, to which I responded thus) I agree with your suggestion. I have to study the Holy Quran and Ahaadith with the help of the scholars to understand Islam. By the grace of God I have done just that and am still doing it and will continue to do it Insha Allah. Akin to CME, I am sure we all need CRE (Continuous Religious Education) and the last 10 days of Ramadan, in my view are ideally suited for it. I am sure the views that you have expressed are also based similarly on your study of our scholars. May Allah Ta’aala reward all of us for our efforts, inadequate as they are.

I would say jazakallah to Wasif for reminding all of us the importance of the 10 nights of Zil Haj. In response I had suggested that these auspicious days also could be another period to update our religious knowledge and to reassess our deeds and actions in our workplace — a process of self analysis.

(It was suggested that we should avoid religious discussions at our meetings of the weekly Quran Study Group as it leads to controversy. This is how I had responded) However, every Muslim as per our scholars is required to do his bit to preach and advocate (dars and tadrees and tabligh ) Islam to others. This duty is not restricted to scholars as per their own teachings. This forum of inter staff/faculty discussions is one such activity. We are very well placed for this job. We are all keen to be PPK (Proud Practicing and Knowledgeable) Muslims. It will be very helpful to exchange our ideas on important issues to learn from and teach each other. We are part of one of the best, if not the best Universities of Pakistan: a milieu of free thinking, enquiry and analysis. Our educational background is similar; our life style is comparable in many ways. We can and do mingle with each other along with our wives and children and blend socially. I do not think we can say the same for many of our traditional scholars and their families. Their life style and social activities are quite different. I therefore feel we should have more influence and weight on each other. We should therefore try to make this forum (Quran Study Group at AKUH) as strong as possible.

(The practice,very common in the faculty members of AKU Hospital of folding up the pants on the prayer mat before prayers and unfolding immediately after came up for discussion) I am very confident and you will also agree there is not a single Hadith that suggests or even allows folding up and down of the trousers before and after the prayers. The Hadith in question commands you to keep your trousers above your knuckles permanently. Our muhaddcsins and the scholars have stated a reason for this Hadith viz. long pants or robes are supposed to display pride and arrogance and hence forbidden. Obviously this is operative in the market place, in the work place, at social gatherings and festivals. Inside the mosque there is no room for pride or arrogance. Hence by this dual action of folding before and unfolding after prayers we are neither following the letter of the Hadith nor the spirit. Since you do not have, like most of my colleagues any intention (neeyat) to order your next new pant above the ankle in any foreseeable future, I feel you are defying the letter of this Hadith and making a mockery of the spirit when you routinely fold down the pants on stepping off the prayer mat. Some of the scholars have suggested a justification for this dual action by stating that we should at least follow this Hadith when we are entering the house of God and going to stand hands folded facing HIM. I am afraid I could never buy that because I feel as if I am saying “bye bye Allah Ta’aala for now; see you next at Asr prayers” when I unfold my pants as I step out of the prayer mat after my zohr prayers. It is worthwhile discussing this issue with the colleagues. I may be corrected; or others may be rectified; or we may agree to disagree. However if any one feels like banging my head against the wall for my views then I can very confidently say he/she is definitely and deliberately flouting a number of Ahaadith.

Ahaadith are a very important source to define the Sunnah of our Great Prophet pbuh. However it has become a very common and routine practice to state “hadith may ayah hai” (it is mentioned in the hadith) and move on. This can be very misleading. Following Ahaadith is a complex and intricate task. We must consider all the ahaadith on a particular topic quoted by the scholars, the reference to context and reasons and meanings various scholars have attached to it. It is important because our great Prophet pbuh has opined differently on the same topic depending on the time, place and person concerned. Let me quote an example to illustrate my point. The consequences of having sex while fasting are well known to all of us. On this subject please read this beautiful hadith: Narrated Abu Huraira (Radhiallaho anho):

“While we were sitting with the Prophet (sallallaahu'alaihi wasallam) a man came and said, "O Allah's Messenger! I have been ruined." Allah's Messenger asked what was the matter with him. He replied "I had sexual intercourse with my wife while I was fasting." Allah's Messenger asked him, "Can you afford to manumit a slave?" He replied in the negative. Allah's Messenger asked him, "Can you fast for two
successive months?" He replied in the negative. The Prophet asked him, "Can you afford to feed sixty poor persons?" He replied in the negative. The Prophet kept silent and while we were in that state, a big basket full of dates was brought to the Prophet. He asked, "Where is the questioner?" He replied, "I (am
here)." The Prophet said (to him), "Take this (basket of dates) and give it in charity." The man said, "Should I give it to a person poorer than I? By Allah, there is no family between its (i.e. Medina's) two mountains who are poorer than I." The Prophet smiled till his pre-molar teeth became visible and then said, 'Feed your family with it." (Bukhari Vol. 3: No.157)

This hadith speaks volumes to indicate to us the intense philosophy, far reaching wisdom and profound perception of our great Teacher and Guide. There was a purpose and design in any thing and every thing he said. Hence individual hadith should not be taken on it’s face value. One has to dig deeper to find out the background, the context and the time and place for that hadith.

There is also another angle to this issue. Unfortunately the hadith literature is replete with conflicting and sometimes opposing ahaadith which our scholars have not been able to reconcile. So per force we have to choose some, ignore others or even reject some. At present most of us are doing it on the basis of the practice of our forefathers. A born Sunni will without any hesitation question/ignore/reject many ahaadith very dear to our Shia brothers; vice versa a Shia Muslim has no hesitation in rejecting many ahaadith dear to Sunnis. Both these groups of Ahaadith are traced by eminent scholars of Islam to our Holy Prophet, who is extremely and equally venerable to both groups. If one happens to be a Barelvi, he has to question/ignore/ reject many ahaadith quoted by the Deobandi Ulema and vice versa. Last year I witnessed a demonstration of this in a program on TV on the significance of Shabe Barat by the Ulemas of the two schools. There were two contradictory opinions; both based on authentic ahaadith. Each group insisted on his set of ahaadith and was content to question/ignore/ reject) the other set. Lastly, as per our Ulema there are many “Mauzoo” (fabricated) ahaadith floating around. We have to be careful to guard against them. In every prayer, the most vital and crucial act for a Muslim we are following a few ahaadith and ignoring/rejecting a few others depending on which “mazhab” you are born into. Studying the valuable hadith literature and practicing it needs serious deliberation; merely saying “hadith may ayaa hai; it is a hadith” has led to a lot of confusion and contradictions in our religion.

(Lastly Islam v/s Eemaan was debated in the meeting; my response:)

Allah Ta’aala declares in ayah 14 of Surah 49

قالَتِ الأَعرابُ آمَنّا ۖ قُل لَم تُؤمِنوا وَلٰكِن قولوا أَسلَمنا وَلَمّا يَدخُلِ الإيمانُ في قُلوبِكُم

Yusuf Ali The desert Arabs say "We believe." Say "Ye have no faith; but ye (only) say `We have submitted our wills to Allah.' For not yet has Faith entered your hearts………….

Pickthall The wandering Arabs say: We believe. Say (unto them, O Muhammad): Ye believe not, but rather say "We submit," for the faith hath not yet entered into your hearts………….

On the basis of this ayah our scholars have agreed that Eemaan is an entirely different level of Islam. Eemaan is CONVICTION and CERTAINTY as opposed to acceptance conveyed by the word Islam. One has to be sure beyond doubt that Islam is much better code of Life, much better philosophy and leads to much better way of life and ensures a commanding position for Muslims in this world and hereafter in contrast to other religions and philosophies and prescriptions available. It can be achieved only by a searching analysis of the various dictates of our religion: why, what and how? You have to be convinced (as opposed to be just loyal to it) of the greatness and infallibility of Islam. This is a process at the cognitive level; process of acquiring knowledge by the use of reasoning, intuition, or perception From this level, anything that conventional wisdom regards as meaningless or trivial is extremely unlikely to be a prescription of Islam. Additionally, it should be realized that the format for the Final Viva – the ultimate goal –on the Day of Judgment for a very good Muslim but illiterate and uneducated will be quite different from that of a Muslim blessed by intellect, education and an inquiring mind—faculties which he/she has used very effectively for the temporal status and success for himself/herself and for his/her family.The latter interrogation is likely to much more exacting and rigorous. Once again this is naturally my opinion but based on study of the scholars of Islam and not on my personal whims. I could be wrong and therefore the need to discuss with my Muslim brothers and sisters who are on the same wavelength as mine in many ways. It will be very fruitful feedback for all of us if we can here other opinions based on their study of the ulema and scholars.

Your Brotherly

Khalid Mitha

Hijab: Is it a Screen, Scarf or Something Else

The word Hijab literally means a “screen or curtain”. A section of very religious Muslims has made it sound synonymous with a piece of cloth to cover the head and neck. It tends to be regarded as the “Flag of Faith”, something that a good Muslim woman is mandated to wear by Shari’ah. It is promoted as the religious identity of an observing Muslimah.

The other day Dr. Abu Ameenah Bilal Philips tweeted a beautiful and meaningful definition of Hijab, quite consistent with the letter and message of Shari’ah. I would like to share with you:

“Hijab includes the way a person walks, talks, looks & thinks. All of it should be done modestly & applies to both men & women.”

Quran and Shari'ah on Family Planning, Adultery and Fornication

Quran and Shari'ah on Family Planning, Adultery and Fornication

ABSTRACT

“Hence, do not kill your children for fear of poverty: it is We who shall provide sustenance for them as well as for you. Verily, killing them is a great sin.”

The ayah in plain terms prohibits the heinous practice prevalent at that time to killing a new born female child.. Alhamdo Lillah, female infanticide is no more a human problem.

However this ayah continues to be a matter of debate because of its general application to family planning and contraception. Eminent scholars like Mufti Mohammed Shafi, Maulana Maudoodi and Amin Ahsan Islahi categorically disallow family planning on the basis of this ayah. Other prominent scholars like Dr. Mohammed Asad, Allaama Yousuf Ali, Nasr Sayyed Husain, Javed Ahmed Gamdi and Syed Qutub do not make any such reference or assertion. It sounds little far fetched to equate prevention of conception as killing a child; how can one kill a creature which has not even started its existence.

Allah Ta'aala Subhaanahoo explains the wrong logic of infanticide thus “nahnu narzuqu hum wa iyya-kum” meaning “We provide for them and for you”. This and many such ayahs express a running theme thorough out our Holy Scripture: Allah Ta'aala Subhaanahoo is our MAIN and ONLY Provider. HE gives us whenever and whatever HE desires at HIS utter discretion. This message is responsible for the very common and entrenched Belief in the concept of Taqdeer (predestination) amongst many Muslims. This belief in Taqdeer appears erroneous and misleading if we see the flip side of the coin where Allah Ta'aala Subhaanahoo warns us “That man can have nothing but what he strives for”. The article quotes several ayahs in support. These ayahs explain the basis of the ongoing debate among Muslims including the scholars on Taqdeer vs Tadbeer. Do we strive and plan for our provision or just hope and wait for it to arrive from Allah Ta'aala Subhaanahoo? We need to combine both the sets of ayah, to arrive at a proper reply to this question. A Muslim has to continually strive, work and plan all his life with the firm realisation that His power ends here. His struggle does not ensure the results, any results. Allah Ta'aala Subhaanahoo decides if, when and how to reward his efforts. Family planning is one such endeavour.

The next ayah “And do not come near to adultery; surely it has been an obscenity and odious as a way.” stands in stark contrast to the prevalent values of Western Society which is slowly but definitely crawling into our society. Note the words of the ayah; we are commanded not to go even near it, adding power and force to the prohibition. All approaches that lead even to its temptation must be avoided. Adultery is labelled in this ayah as an obscenity. Additionally and more meaningfully it is described as “saa’aa” (odious) “sabeela” (way); “an evil way” leading to further damage.

This crime is very disastrous and destructive. The sex attraction between the genders is extremely potent and powerful. Hence the preventive measures have to as robust and effective. The punishment for zina is well known and much talked about because it is regarded as too harsh and in direct conflict with the modern ideas and sentiments on retribution. Enters another great and far reaching controversy: the ultimate in severe and harsh treatment, which appears to be cruel and ruthless and feels like savage and brutal namely Stoning to Death has been prescribed. The debate and strife gets intense and compulsory as there is not (by consensus) even a mention of Stoning to Death in the whole of the Holy Quran. Let us discuss it in the next session.

October 25, 2016

Read ONLY, IF AND WHEN you have time and mood for:

“An Ayah of the Quran for 30 Days” -- October 2016

Choose the section you have time, in the next 30 days to read this ayah:-

Prelude: Recurrent Primary Message 1st. Page

Starting Dua, a note & The Ayah 2nd. Page

A Short Summary: For the Busy Bee None Pages

The Main Story: Recommended Two + Pages

Footnotes: For the Perfectionist Two Pages

PRELUDE

DUAA’

بِسمِ اللَّهِ الرَّحمٰنِ الرَّحيمِ

Further, we recall that Allah Ta’aala has declared in HIS Book¹

and we also recollect that he has warned us about the day of judgement²

“Then on that day you shall most certainly be questioned about the boons (joy, pleasure).”

THE AYAH

Surah Al-Isra No. 17, Ayah 31

وَلا تَقتُلوا أَولادَكُم خَشيَةَ إِملاقٍ ۖ نَحنُ نَرزُقُهُم وَإِيّاكُم ۚ إِنَّ قَتلَهُم كانَ خِطئًا كَبيرًا

“Hence, do not kill your children for fear of poverty:1 it is We who shall provide sustenance for them as well as for you. Verily, killing them is a great sin.”

A SHORT VERSION

None

THE MAIN STORY

We are continuing our pursuit to discuss the Ehkaamaat (injuctions) in the Quran. It started with the last two sessions which dealt with these subjects:

1) Fate of Aspirers of the Mundane and the Hereafter in Islam as per the Quran and

2) Role, Rules and Reasons of Charity for Muslims as per the Quran and Shari’ah

I intend to devote next few sessions to cover all the ayahs in this “set” of ayahs (19 to 35 ) in Surah Al-Isra defined by a Sahaabaa as the “Quranic Ten Commandments”.

With this ayah we start the Don’ts in this “set”. Earlier the Dos were under discussion. The ayah in plain terms is mandating the Muslims not to kill their children for fear of poverty. Similar warnings against slaying one’s children are found in Surah Al Anam, Ayahs 140 and 151. It is also reported that a promise not to slay one’s children was made a condition for women who wanted to join the Muslim community in Medinah. The specific object of this ayah is agreed by consensus. It refers to the heinous practice prevalent at that time to kill a new born female child. It was argued, since a female does not generate any income, she is a pure financial liability. Alhamdo Lillah, female infanticide is no more a human problem.

It sounds little far fetched to equate prevention of conception as killing a child; how can one kill a creature which has not even started its existence. That is why Mufti Mohammed Shafi puts it rather carefully “May be, this approach (i.e. contraception) is not a sin equal in gravity to that of the killing of children, but there is no doubt about its being blameworthy.” Reflecting his dogmatic personality, Maulana Maudoodi, on the other hand puts it strongly “This verse cuts at the very root of the movement of birth control, which has been going on from ancient times to our present age.”

Allah Ta'aala Subhaanahoo explains the wrong logic of infanticide thus “nahnu narzuqu hum wa iyya-kum” meaning “We provide for them and for you”. Elsewhere HE has said³

“God enlarges the sustenance (which He gives) to whichever of His servants He pleases; and He (similarly) grants by (strict) measure, (as He pleases): for God has full knowledge of all things.”

More from Bari Ta’aala on the same subject:⁴

“And You give wealth and sustenance to whom You will, without limit (measure or account).”

These are just few examples of lots of other ayahs to express a running theme thorough out our Holy Scripture: Allah Ta'aala Subhaanahoo is our MAIN and ONLY Provider. HE gives us whenever and whatever HE desires at HIS utter discretion. This message is responsible for the very common and entrenched Belief in the concept of Taqdeer (predestination) amongst many Muslims. This leads to lack of will and inaction which is contrary to the objectives of Islam. This belief in Taqdeer appears erroneous and misleading if we see the flip side of the coin where Allah Ta'aala Subhaanahoo warns us⁵

“That man can have nothing but what he strives for”. and⁶

“And for all there are degrees [of reward and punishment] for what they have done, and [it is] so that He may fully compensate them for their deeds, and they will not be wronged.” and also⁷

“But how (will they fare) when we gather them together against a day about which there is no doubt, and each soul will be paid out just what it has earned, without (favour or) injustice?” and finally⁸

“Allah does not charge a soul except [with that within] its capacity. It will have [the consequence of] what [good] it has gained, and it will bear [the consequence of] what [evil] it has earned.”

These ayahs explain the basis of the ongoing debate among Muslims including the scholars on Taqdeer vs Tadbeer. Do we strive and plan for our provision or just hope and wait for it to arrive from Allah Ta'aala Subhaanahoo? We need to combine both the sets of ayah, to arrive at a proper reply to this question. A Muslim has to continually strive, work and plan all his life with the firm realisation that His power ends here. His struggle does not ensure the results, any results. Allah Ta'aala Subhaanahoo decides if, when and how to reward his efforts. Family planning is one such endeavour. Based on his God given knowledge and wisdom, man decides both as an individual and collectively to control the size of his family and the population of his country. He may succeed or may not. He may be right; he may be wrong. His planning keeps on changing. China had restricted one child per family by cruelly enforced law; now it is encouraging more children. Many European countries have a birth rate low enough to endanger their survival. Our Lord and Creator has at tines HIS own designs to thwart any planning. A low middle class couple in Pakistan have two sons and four daughters. All their children are well settled in US. As a bonus they travel to their children in business class as one of their son-in-law is an air-line employee; Subhanallah! No human planning alone could have achieved such a success.

Abortion is a different kettle of fish and deserves a different approach. It cannot be justified for purely family planning even when the fetus is not viable. This is not prevention but destruction. Abortion on medical grounds has its own rules and requirements.

The next ayah gives the seventh injunction in the set of “the Quranic Ten Commandments” and is very important as it stands in stark contrast to the prevalent values of Western Society which is slowly but definitely crawling into our society. Moreover it is a burning question for Western Muslims:⁹

“And do not come near to adultery; surely it has been an obscenity and odious as a way.”

Islam, being a natural religion gives sex its role and place in human society. Far from condemning it, our deen recognizes it, respects it and reassures it. However it also recognizes it’s potential for corrupting a health family life which in turn is lethal to a vibrant society. Hence any sexual activity from the beginning to the end is totally and forcefully confined to marriage partners. Any extramarital sex is completely forbidden. Note the words of the ayah; we are commanded not to go even near it, adding power and force to the prohibition. All approaches that lead even to its temptation must be avoided.

Adultery is labelled in this ayah as an obscenity. Additionally and more meaningfully it is described as “saa’aa” (odious) “sabeela” (way); “an evil way”. Apart from being an evil act in itself, it is a way that leads to many more evils and far greater damage. It kills a good marriage. It is extremely damaging to the children. It results in loss of reputation. It could generate feud and fights resulting in loss of life and property. It results in disruption and corruption of society in general.

Dr. Mohammed Asad has pointed out that “the term zina signifies all sexual intercourse between a man and a woman who are not husband and wife, irrespective of whether either of them is married to another partner or not; hence, it denotes both "adultery" and "fornication" in the English senses of these terms.” The editor of “In the Shade of The Quran”, the tafseer of Sayyid Qutb also endorses this opinion “The Arabic word zinā, translated here as ‘adultery’, refers to sexual intercourse outside wedlock, regardless of whether the man or the woman is married. Thus, it includes fornication.” It is of utmost importance to bear in mind this definition when the punishment of adultery is discussed.

This crime is very disastrous and destructive. The sex attraction between the genders is extremely potent and powerful. Hence the preventive measures have to as robust and effective.

To start with, Shari’ah has enacted stern punishments for it to act as a deterrent; more of it later. Hence the act of adultery and its false accusations are not only sins but criminal offenses.

The jurists and scholars have have done a good job of devising means and methods to block all the ways leading to this horrible crime but seem to go overboard at times. According to Maulana Maudoodi this injunction is also directed towards the society to arrange preventive measures for its control by educational, regulatory and legal measures. At present, inter gender relations by popular consent have to be public, purposeful and for the duration of the purpose; presence of a man and a woman in a closed space is frowned upon. Decent and proper dressing in mixed meetings is strongly emphasised. Any physical contact between them is taboo. Our ethical code encourages and facilitates marriage. The classical Jurisprudence (Fiqh) of Sunnis Islam orders total segregation of the genders in every field of life as mandatory for this purpose. If women do have to come out in the open for special reasons they need to wrap themselves in a full burqua. I think apart from a tiny minority, this verdict of the Ulemaa about women staying indoors is generally disregarded. However there is a small minority who have rejected the main recommendation but still cling to the secondary part of the recommendation. So that we see a full black burqua with big dark glasses sitting on the TV screen or a “hijacker” burqua walking on the streets of Paris. There are some additional and controversial recommendations by our scholars. As an example, Maulana Maudoodi says “regulations about "Purdah" were promulgated: the publication of indecent things was banned and drinking of intoxicants was made unlawful: restrictions on music, dancing and pictures which are conducive to adultery were imposed.”

This ayah has followed the one about killing one’s daughter. Sayyid Qutb has drawn some meaning in this sequence as he finds a link between the two. “Adultery represents killing in various ways” says he.¹⁰ It makes an interesting reading; I do not find it helpful or meaning full.

The punishment for zina is well known and much talked about because it is regarded as too harsh and in direct conflict with the modern ideas and sentiments on retribution. Enters another great and far reaching controversy: the ultimate in severe and harsh treatment, which appears to be cruel and ruthless and feels like savage and brutal namely Stoning to Death has been prescribed. The debate and strife gets intense and compulsory as there is not (by consensus) even a mention of Stoning to Death in the whole of the Holy Quran. Let us discuss it in the next session.

TO BE CONTINUED

........and Allah knows best.

May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.

Dr. Khalid Mitha

FOOTNOTES

(1) Surah 2/269

(2) Surah 102/8

ثُمَّ لَتُسأَلُنَّ يَومَئِذٍ عَنِ النَّعيمِ

(3) Surah 29/62

اللَّهُ يَبسُطُ الرِّزقَ لِمَن يَشاءُ مِن عِبادِهِ وَيَقدِرُ لَهُ ۚ إِنَّ اللَّهَ بِكُلِّ شَيءٍ عَليمٌ

(4) Surah 3/27

وَتَرزُقُ مَن تَشاءُ بِغَيرِ حِسابٍ

(5) Surah 53/39

وَأَن لَيسَ لِلإِنسانِ إِلّا ما سَعىٰ

(6) Surah 46/19

وَلِكُلٍّ دَرَجاتٌ مِمّا عَمِلوا ۖ وَلِيُوَفِّيَهُم أَعمالَهُم وَهُم لا يُظلَمونَ

(7) Surah 3/25

فَكَيفَ إِذا جَمَعناهُم لِيَومٍ لا رَيبَ فيهِ وَوُفِّيَت كُلُّ نَفسٍ ما كَسَبَت وَهُم لا يُظلَمونَ

(8) Surah 2/286

لا يُكَلِّفُ اللَّهُ نَفسًا إِلّا وُسعَها ۚ لَها ما كَسَبَت وَعَلَيها مَا اكتَسَبَت

(9) Surah 17/32

وَلا تَقرَبُوا الزِّنا ۖ إِنَّهُ كانَ فاحِشَةً وَساءَ سَبيلًا

(10) Sayyid Qutb

Adultery represents killing in various ways. It is a killing because it wastes life matter as it puts it in the wrong place. It is often followed by a desire to get rid of its natural consequences through abortion or infanticide. If the child is spared and allowed to live, it is abandoned to a life of misery and deprivation, which is a killing in a different form. Moreover, it is a killing of the community because family relations are thus lost, and blood ties are confused. People will have little trust that the children they bring up are their own. Thus community relations become weakened and the spirit of the community more or less dies.

Adultery may also be described as a killing of the community for a different reason. The ease which it provides for the fulfilment of sexual desires makes marriage a redundant institution, and the family an unnecessary responsibility. We must not forget that the family provides the proper home where the young should be reared, and where sound human nature is consolidated. It is the home where sound upbringing can be ensured for boys and girls alike.

Throughout history, every community that allowed immorality to spread saw its own decline brought about. Some people may feel that this is not true, looking at the fact that Europe and the United States continue to enjoy power despite the fact that immorality is widespread there. Yet the results of such loose morality are now apparent in older nations, such as France. As for new nations like the US, it may take some time yet before such effects are visible. The case is like that of a young man who gives rein to his desire. The effects may not manifest themselves when he is young, but as he grows older, his decline is rapid.

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